SENATE BILL 291

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Pete Campos

 

 

 

 

 

AN ACT

RELATING TO CORRECTIONAL INSTITUTIONS; REQUIRING INSPECTIONS OF PRIVATELY OPERATED CORRECTIONAL FACILITIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 33-15-1 NMSA 1978 (being Laws 2001, Chapter 169, Section 1) is amended to read:

     "33-15-1. SHORT TITLE.--[This act] Chapter 33, Article 15 NMSA 1978 may be cited as the "Privately Operated Correctional Facilities Oversight Act"."

     SECTION 2. A new section of the Privately Operated Correctional Facilities Oversight Act is enacted to read:

     "[NEW MATERIAL] INSPECTION OF PRIVATELY OPERATED CORRECTIONAL FACILITIES--REPORTING--CORRECTIVE ACTION.--

          A. Each privately operated correctional facility is subject to inspection pursuant to this section, in addition to any other inspection required by law, at least once every three years and without prior notice. An inspection shall be performed by an inspector who is designated by the attorney general and who holds a bachelor's degree in criminology. The inspector may inspect all reports, audits, records and complaints concerning the privately operated correctional facility. Upon presenting appropriate credentials to the owner, operator or agent in charge, the inspector may enter and inspect the privately operated correctional facility and privately interview the staff and inmates. The privately operated correctional facility shall pay the cost of an inspection to the attorney general's office. An inspection shall include:

                (1) a review of any reports, audits, records or complaints concerning the privately operated correctional facility; and

                (2) on-site inspections of the facility.

          B. The inspector shall provide a report of each inspection to the attorney general, the secretary and the privately operated correctional facility that is the subject of the inspection no later than thirty days after the completion of an inspection. The attorney general and the privately operated correctional facility that is the subject of the inspection shall post the reports with any confidential information redacted on their public websites within thirty days of receiving the report. An inspection report shall include:

                (1) information gathered from private and confidential interviews with inmates and staff of the privately operated correctional facility;

                (2) an evaluation of the availability and accessibility of medical and mental health services;

                (3) an evaluation of whether the privately operated correctional facility is meeting its contractual requirements;

                (4) key demographic information concerning inmates as determined by the inspector;

                (5) other considerations as determined by the inspector if the privately operated correctional facility houses children;

                (6) an evaluation of the systems of inmate isolation, discipline, classification, retaliation and management; and

                (7) an evaluation of the adequacy of the training of staff, administrators and wardens.

          C. Within thirty days after the completion of the inspection report, the inspector shall make a determination as to whether corrective action is necessary. Upon a determination that corrective action is necessary, an inspector shall issue a corrective action plan to the privately operated correctional facility. A privately operated correctional facility that is issued a corrective action plan shall have up to six months to implement the required corrective action. At the end of the six-month period, the inspector shall conduct a follow-up inspection of the privately operated correctional facility to determine if the privately operated correctional facility has taken sufficient corrective action. If the inspector determines that a privately operated correctional facility has not sufficiently met the requirements set forth in a corrective action plan after the follow-up inspection, the inspector shall refer the corrective action plan and the results of the follow-up inspection to the attorney general and the secretary."

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